SUBSEQUENT REGISTRATION

VOLUNTARY DEALINGS WITH REGISTERED LANDS

GENERAL PROVISIONS
Section 51. Conveyance and other dealings by registered owner.

An owner of registered land may convey, mortgage, lease, charge or otherwise deal with the same in accordance with existing laws. He may use such forms of deeds, mortgages, leases or other voluntary instruments as are sufficient in law. But no deed, mortgage, lease, or other voluntary instrument, except a will purporting to convey or affect registered land shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties and as evidence of authority to the Register of Deeds to make registration. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for the province or city where the land lies.

PAYMENT OF TAXES PREREQUISITE TO REGISTRATION

Section 52.

Constructive notice upon registration. Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds for the province or city where the land to which it relates lies, be constructive notice to all persons from the time of such registering, filing or entering.

VOLUNTARY AND INVOLUNTARY REGISTRATION DISTINGUISHED

INVOLUNTARY REGISTRATION VOLUNTARY REGISTRATION

An entry thereof

attachment, levy, notice of lis pendens, etcin the day book is sufficient notice to all persons even if the owners duplicate certificate of title isnt presented to the RD

An innocent purchaser for value of registered land becomes the registered owner and in contemplation of law the holder of a certificate of title, the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owners duplicate certificate of title covering the land sold and pays the registration fees, because what needs to be done lies not within his power to perform

Section 53. Presentation of owner's duplicate upon entry of new certificate. No voluntary instrument shall be registered by the Register of Deeds, unless the owner's duplicate certificate is presented with such instrument, except in cases expressly provided for in this Decree or upon order of the court, for cause shown. The production of the owner's duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument, and the new certificate or memorandum shall be binding upon the registered owner and upon all persons claiming under him, in favor of every purchaser for value and in good faith. In all cases of registration procured by fraud, the owner may pursue all his legal and equitable remedies against the parties to such fraud without prejudice, however, to the rights of any innocent holder for value of a certificate of title. After the entry of the decree of registration on the original petition or application, any subsequent registration procured by the presentation of a forged duplicate certificate of title, or a forged deed or other instrument, shall be null and void.

 Section 54. Dealings less than ownership, how registered.

No new certificate shall be entered or issued pursuant to any instrument which does not divest the ownership or title from the owner or from the transferee of the registered owners. All interests in registered land less than ownership shall be registered by filing with the Register of Deeds the instrument which creates or transfers or claims such interests and by a brief memorandum thereof made by the Register of Deeds upon the certificate of title, and signed by him. A similar memorandum shall also be made on the owner's duplicate. The cancellation or extinguishment of such interests shall be registered in the same manner.

MEMORANDUM OF ENCUMBERANCES
Dorsal side of the certificate of title

All interests in the registered land less than

ownership which shall serve as a notice to third persons of the instrument affecting the property A similar entry shall be made on the owners duplicate certificate of title

Section 55. Grantee's name, nationality, etc., to be stated. Every deed or other voluntary instrument presented for registration shall contain or have endorsed upon it the full name, nationality, residence and postal address of the grantee or other person acquiring or claiming an interest under such instrument, and every deed shall also state whether the grantee is married or unmarried, and if married, the name in full of the husband or wife. If the grantee is a corporation or association, the instrument must contain a recital to show that such corporation or association is legally qualified to acquire private lands. Any change in the residence or postal address of such person shall be endorsed by the Register of Deeds on the original copy of the corresponding certificate of title, upon receiving a sworn statement of such change. All names and addresses shall also be entered on all certificates. Notices and processed issued in relation to registered land in pursuance of this Decree may be served upon any person in interest by mailing the same to the addresses given, and shall be binding, whether such person resides within or without the Philippines, but the court may, in its discretion, require further or other notice to be given in any case, if in its opinion the interest of justice so requires.

Section 56. Primary Entry Book; fees; certified copies. Each Register of Deeds shall keep a primary entry book in which, upon payment of the entry fee, he shall enter, in the order of their reception, all instruments including copies of writs and processes filed with him relating to registered land. He shall, as a preliminary process in registration, note in such book the date, hour and minute of reception of all instruments, in the order in which they were received. They shall be regarded as registered from the time so noted, and the memorandum of each instrument, when made on the certificate of title to which it refers, shall bear the same date: Provided, that the national government as well as the provincial and city governments shall be exempt from the payment of such fees in advance in order to be entitled to entry and registration. Every deed or other instrument, whether voluntary or involuntary, so filed with the Register of Deeds shall be numbered and indexed and endorsed with a reference to the proper certificate of title. All records and papers relative to registered land in the office of the Register of Deeds shall be open to the public in the same manner as court records, subject to such reasonable regulations as the Register of Deeds, under the direction of the Commissioner of Land Registration, may prescribe. All deeds and voluntary instruments shall be presented with their respective copies and shall be attested and sealed by the Register of Deeds, endorsed with the file number, and copies may be delivered to the person presenting them. Certified copies of all instruments filed and registered may also be obtained from the Register of Deeds upon payment of the prescribed fees.

DEEDS ENTERED IN THE DAY BOOK CONSIDERED REGISTERED FROM THE MOMENT THEY ARE SO NOTED

In an execution sale, the purchaser acquires only such right or interest as the judgment debtor had on the property at the time of the sale It follows that if at the time the judgment debtor had no more right to or interest in the property because he had already sold it to another, then the purchaser acquires nothing Thus, where the judgment debtor had already deeded the property and delivered the certificate to the RD for registration and paid the corresponding fees, the act of registration operated to convey the property to the buyer An innocent purchaser for value of registered land becomes the registered owner and in the contemplation of law the holder of a certificate thereof the moment he presents and files a duly notarized deed of sale and the same is entered on the day book and at the same time, he surrenders or presents the owners duplicate certificate of title to the property sold and pays the full amount of registration fees, because what remains to be done lies not within his power to perform.

RECORD IS CONSTRUCTIVE NOTICE OF ITS CONTENTS

This is in relation to the question of may the

purchaser of land which has been included in a second original certificate even be regarded as an innocent purchaser as against the rights or interest of the owner of the first certificate, his heirs, assigns, or vendee?

SUBSEQUENT REGISTRATION

CONVEYANCES AND TRANSFERS

 Section 57. Procedure in registration of conveyances. An

owner desiring to convey his registered land in fee simple shall execute and register a deed of conveyance in a form sufficient in law. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. The Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the registration book in which the new certificate is registered and a reference by number to the last preceding certificate. The original and the owner's duplicate of the grantor's certificate shall be stamped "canceled". The deed of conveyance shall be filled and indorsed with the number and the place of registration of the certificate of title of the land conveyed.

 Section 58. Procedure where conveyance involves portion of land.

If a deed or conveyance is for a part only of the land described in a certificate of title, the Register of Deeds shall not enter any transfer certificate to the grantee until a plan of such land showing all the portions or lots into which it has been subdivided and the corresponding technical descriptions shall have been verified and approved pursuant to Section 50 of this Decree. Meanwhile, such deed may only be annotated by way of memorandum upon the grantor's certificate of title, original and duplicate, said memorandum to serve as a notice to third persons of the fact that certain unsegregated portion of the land described therein has been conveyed, and every certificate with such memorandum shall be effectual for the purpose of showing the grantee's title to the portion conveyed to him, pending the actual issuance of the corresponding certificate in his name.

Upon the approval of the plan and technical descriptions, the original of the plan, together with a certified copy of the technical descriptions shall be filed with the Register of Deeds for annotation in the corresponding certificate of title and thereupon said officer shall issue a new certificate of title to the grantee for the portion conveyed, and at the same time cancel the grantor's certificate partially with respect only to said portion conveyed, or, if the grantor so desires, his certificate may be canceled totally and a new one issued to him describing therein the remaining portion: Provided, however, that pending approval of said plan, no further registration or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be effected by the Register of Deeds, except where such unsegregated portion was purchased from the Government or any of its instrumentalities. If the land has been subdivided into several lots, designated by numbers or letters, the Register of Deeds may, if desired by the grantor, instead of canceling the latter's certificate and issuing a new one to the same for the remaining unconveyed lots, enter on said certificate and on its owner's duplicate a memorandum of such deed of conveyance and of the issuance of the transfer certificate to the grantee for the lot or lots thus conveyed, and that the grantor's certificate is canceled as to such lot or lots.

PROCEDURE WHERE ONLY PORTIONS OF LAND ARE CONVEYED

The RD shall not issue any TCT to the grantee until a plan of such land showing the portion or portions into which it has been subdivided and the corresponding technical descriptions shall have been verified and approved The deed of conveyance may in the meanwhile be annotated by way of memorandum on the grantors certificate of title, which shall serve as notice to third persons on the fact of conveyanceto show and recognize the grantees title to the portion thus conveyed pending actual issuance to him of the corresponding transfer certificate of title Upon approval of the plan and technical descriptions of the specific portions into which the land has been subdivided, the same shall be filed with the office of the RD for annotation on the corresponding certificate of title The RD shall issue a new TCT to the grantee for the portion conveyed to him upon cancellation of the grantors certificate as to said portion But if the grantor so desires, his certificate of title may be totally cancelled and a new one issued to him for the remaining portion of the land Pending approval of the plan, no further registration or any annotation of any deed or voluntary instrument affecting the unsegregated portion shall be made by the RD except where such portion was purchased from the government or any of its instrumentalities

 Section 59. Carry over of encumbrances.

If, at the time of any transfer, subsisting encumbrances or annotations appear in the registration book, they shall be carried over and stated in the new certificate or certificates; except so far as they may be simultaneously released or discharged.

SUBSEQUENT REGISTRATION

MORTGAGES AND LEASES

 Section 60. Mortgage or lease of registered land. Mortgage

and leases shall be registered in the manner provided in Section 54 of this Decree. The owner of registered land may mortgage or lease it by executing the deed in a form sufficient in law. Such deed of mortgage or lease and all instruments which assign, extend, discharge or otherwise deal with the mortgage or lease shall be registered, and shall take effect upon the title only from time of registration. No mortgagee's or lessee's duplicate certificate of title shall hereafter be issued by the Registers of Deeds, and those issued prior to the effectivity of this Decree are hereby deemed canceled and the holders thereof shall immediately surrender the same to the Register of Deeds concerned.

ESSENCE OF MORTGAGE
A property has been identified or set apart

from the mass of property of the debtormortgagor as security for the payment of money or the fulfillment of obligation to answer the amount of indebtedness, in case of default of payment

 Section 61. Registration. Upon presentation for

registration of the deed of mortgage or lease together with the owner's duplicate, the Register of Deeds shall enter upon the original of the certificate of title and also upon the owner's duplicate certificate a memorandum thereof, the date and time of filing and the file number assigned to the deed, and shall sign the said memorandum. He shall also note on the deed the date and time of filing and a reference to the volume and page of the registration book in which it is registered.